The reaction of certain Muslim bodies to the questionnaire issued by the Law Commission (LC) is deplorable. The LC by its questionnaire desired inputs from concerned parties before it makes its recommendations about the practice of divorce by triple talaq, polygamy and other similar issues. The LC may recommend retention or modification of triple talaq, especially with a view to prevent arbitrary action of the husband in divorcing his wife. To brand the LC’s questionnaire as an intrusion into personal law of the community evinces a regressive and intolerant mentality based on the false notion that these subjects are beyond debate in a secular democratic republic.
Kitchen Strike: Interestingly, a group of Muslim women held a mock court against triple talaq and described the practice as humiliation for women. They also threatened that they would go on a ‘kitchen strike’ on this issue. Scores of women attended the Muslim mahila kutchehry (court) which was organised by Muslim Mahila Foundation (MMF). MMF has decided to oppose triple talaq and also those who advocate this practice and has threatened to go on kitchen strike if their husbands don’t support them against this system. The idea of a kitchen strike is indeed novel. It is hoped it produces the desired result.
Adultery and Armed Forces in the Present Age: Adultery has for all practical purposes become irrelevant in view of the prevailing laxity about observance of marital norms. The Kolkata Bench of the Armed Forces Tribunal while adjudicating a case related to the cashiering of a young Indian Air Force officer who was found guilty by a court of inquiry of an extramarital affair, converted Flight Lieutenant Sharan’s sentence ‘dismissed from service’ to ‘released from service’. The tribunal observed that “while not condoning extramarital relationships, we must at the same time reflect upon the changing mores of our society.
With women joining the armed forces in large numbers, working closely and socialising with their male counterparts, it is unreasonable to expect that the military would be immune to social changes in relationships between the two sexes”. The tribunal further observed that “while certainly extramarital relations should not only be discouraged and disapproved of in no uncertain terms, to hold only one party responsible, that is the male and not the female who may be as educated, as mature, even older and senior than the male, is reflective of a predisposed and biased mindset that also assumes that the wife of a brother officer is property or chattel of the male and not an independent person in her own right who has the freedom to choose to live her life on her own terms”.
The tribunal concluded that “at a belated stage, when much water has flowed under the bridge... it would be inexpedient and unwise to ask the Air Force authorities to take a fresh look at the entire episode in the light of the conclusions we have drawn. However, we cannot allow the stigma of dismissal to continue to remain on record given the circumstances of the case” and replaced it with “released from service”. The tribunal’s thinking and conclusions are sensible and based on existing realities.
Banning Pakistani
Musicians: The proposed ban on performances by Pakistani musicians is inappropriate and unwise. These musicians hold valid visas issued by our government, they have not committed any breach of the visa conditions. Banning performances by them would be counterproductive. Music creates the right atmosphere for friendly relations and environment. India’s best hope is to crystalise opposition to religious extremism within Pakistan. Pakistani citizens should be strengthened and supported so that they become a voice of change in their country. Banning artists, writers and poets will only give a boost to terrorists and extremists. It is reported that Pakistan authorities have imposed a ban on performances by Indian musicians, which is regrettable.
Such action by Indian or Pakistani authorities vitiates a friendly environment so essential for friendly relations between the two countries. Let us give practical thrust and significance to the epigram, if music be the food of love, play on. I am all for playing on.
solisorabjee@gmail.com
soli j sorabjee Former Attorney-General of India